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2014 Supreme(All) 536

RAM SURAT RAM (MAURYA)
Om Prakash – Appellant
Versus
Deputy Director of Consolidation and Others – Respondent


Advocates:
Counsel for the Petitioner: S.C. Tripathi.
Counsel for the Respondents: C.S.C., Manoj Kumar Yadav.

Ram Surat Ram (Maurya),J.

Heard Sri S.C. Tripathi, for the petitioner and Standing Counsel, for the respondents.

2. The writ petition has been filed for issue of writ of prohibition, prohibiting Deputy Director of Consolidation from entertaining/deciding the restoration applications filed by respondents-2 and 3 and for mandamus directing Deputy Director of Consolidation to decide the issue relating to maintainability of restoration application and delay condonation application as preliminary issues with reasoned order before hearing/deciding restoration application on merit.

3. It has been stated that Bujharat (father of the petitioner) was allotted plot 1286 by the order of Deputy Director of Consolidation dated 31.03.1981 passed in Reference No. 853. Thereafter, the notification under Section 52 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act') took place on 10.04.1982. The order dated 31.03.1981 was given effect to and since its allotment, the petitioner was in possession of the land in dispute. Raj Bahadur (respondent-3) filed a restoration application dated 02.12.2004 for recall of the order dated 31.03.1981. Thereafter, District Government Cou




















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